South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-112 - Implementation of Emergency Health Powers Act
Section 61-112.7 - Response equipment and supplies

Universal Citation: SC Code Regs 61-112.7

Current through Register Vol. 48, No. 9, September 27, 2024

A. Possession and distribution

i. Pursuant to Code Section 44-4-330, DHEC may purchase antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies ("Medical Supplies"). After declaration of a Public Health Emergency, and in accordance with Code Section 11-35-1570, the Commissioner or his designee may authorize others to make emergency procurements; provided, that such emergency procurements shall be made with as much competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file.

ii. Strategic National Stockpile
a. DHEC has been designated as the entity responsible for distribution of SNS materials after transfer of SNS materials from CDC. DHEC shall name a consultant pharmacist to be responsible for establishing appropriate policies and procedures for the receipt, storage, dispensing, and distribution of drugs from the SNS and for supervising a record-keeping system for those drugs. DHEC shall submit these policies, procedures, and record-keeping systems to the Board of Pharmacy for review and approval.

b. Upon notification that SNS materials are being sent to South Carolina and the declaration of a Public Health Emergency, DHEC shall notify the SC Board of Pharmacy and the SC Department of Labor, Licensing and Regulation of the impending arrival, distribution, and dispensing of SNS materials.

c. Provided that the Board of Pharmacy has approved the submitted policies, procedures and record-keeping systems, DHEC may proceed to distribute and dispense SNS materials.

d. Records with respect to receipt, storage, distribution and dispensing of SNS materials shall be retained for two years and shall be readily available for audit by the Board of Pharmacy, the Department of Labor, Licensing and Regulation, the DHEC Bureau of Drug Control, or a responsible Federal agency.

iii. DHEC may distribute, administer or dispense Medical Supplies either through its own employees, by instructions to wholesalers, or by allocation to health care providers for redistribution in accordance with directives issued by DHEC. In allocating Medical Supplies, DHEC will consider the amount on hand, the amount reasonably anticipated from other sources, and the population at risk. DHEC may allocate or deny Medical Supplies based on age, proximity to an initiating event or route of transmission, whether the individual is a First Responder, whether alternative personal protective measures are readily available, or other criteria of epidemiological significance.

iv. In allocating Medical Supplies to First Responders, DHEC may consider proximity to an initiating event or route of transmission in addition to other risk factors.

B. Orders affecting wholesale distribution

i. After declaration of a Public Health Emergency, DHEC may order manufacturers and distributors doing business in South Carolina to provide information on the amount, location and availability of Medical Supplies in South Carolina or in distribution chains serving South Carolina.

ii. In consultation with public health officials in neighboring states and with Federal officials, DHEC may direct distribution of Medical Supplies to designated health care providers. DHEC may direct designated health care providers to distribute or dispense Medical Supplies in accordance with criteria established by DHEC, which may include age, proximity to an initiating event or route of transmission, or other criteria of epidemiological significance.

C. Orders affecting retail distribution

DHEC may issue guidelines defining diagnostic criteria, risk factors and contraindications for the guidance of health care providers. The Commissioner may by order identify categories of individuals to whom Medical Supplies shall not be given.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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